White Collar Exemption Changes On Hold, for Now

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Last week, on November 22, 2016, the federal Eastern District Court of Texas temporarily enjoined the Department of Labor from implementing its changes to the salary requirements for white collar exemptions. The regulations, as described in my May 18, 2016 blawg article, were to be effective on December 1, 2016 and raised the salary requirement for exemption from $455 per week to $913 per week.

The injunction temporarily delays the implementation of the new rules until the injunction is overturned or upheld on appeal.

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H.R. 6030 “Pay Equity for All Act of 2016” Introduced in the House

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On September 14, 2016, Eleanor Norton (D.C. Representative) introduced H.R. 6030 to the House of Representatives, and that bill was referred to the Committee on Education and the Workforce. The bill would amend the Fair Labor Standards Act (“FLSA”) by adding the following new Section 8:

Sec. 8. Requirements and prohibitions relating to wage, salary and benefit history

It shall be an unlawful practice for an employer to—

(1) screen prospective employees based on their previous wages or salary histories,

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Big Labor Attacks Idaho’s Right to Work Law

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A big labor case filed in Idaho’s federal district court continues to progress. The case, entitled International Union of Operating Engineers Local 370 v. Wasden, Case No. 4:15-cv-00500, was filed on October 22, 2015. The complaint alleges that Idaho’s Right to Work (“RTW”) statute is unconstitutional based upon the 5th Amendment prohibition against takings of private property for public use without paying just compensation. The union’s theory is that because they have an obligation to bargain on behalf of ALL workers in a unit and Idaho’s RTW law allows workers to decide whether to join the representing union and pay dues,

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Have You Hung Your New Posters?

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As of yesterday, August 1, 2016, the Department of Labor requires employers to display new versions of its Fair Labor Standards Act and its Employee Polygraph Protection Act posters.  You will have to print them yourselves as they are not yet available to order.  Links to both printable posters are below.  Please let me know if you have any questions or concerns.

Fair Labor Standards Act Minimum Wage Poster

Employee Polygraph Protection Act Poster

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EEOC Issues Final Rules on Wellness Programs

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On May 17, 2015, the Equal Employment Opportunity Commission issued its final rules on Wellness Program compliance with the Genetic Information Nondisclosure Act (“GINA“) and the Americans with Disabilities Act and its amendments (“ADA“).

FAQ
Fact Sheet

Among the provisions, beginning on January 1, 2017, businesses that maintain a wellness program and collect employee health information must post a notice that is required to:

  1. be written in a manner reasonably likely to be understood by the employee,

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New Overtime Rules Released

Skip Sperry Blog 5 Comments

This morning, the Department of Labor released its final rule regarding the White Collar Exemptions.   I am still working through the over 500 page document but post now to share a few of the most important details.

The new rule is expected to affect over 4 million workers in the United States, who will now be eligible for overtime unless their compensation is restructured.  The rule goes into effect on December 1,

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Defend Trade Secrets Act Sent to Obama for Signature

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After passing the Senate (87-0) and the House (410-2), the bill known as Defend Trade Secrets Act of 2016 (“DTSA”) is off to President Obama for signature.  Every indicator signals the President’s approval of this proposed law.  The DTSA would amend the federal criminal code to create a private civil cause of action for trade secret misappropriation.  The bill expresses the sense of Congress that: (1) trade secret theft occurs in the United States and around the world,

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President Obama’s U.S. Supreme Court Nominee Shows Consistent Deference to Employment Agencies

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Today, President Obama nominated Merrick B. Garland as his choice to fill the U.S. Supreme Court vacancy left by the recent death of Justice Antonin Scalia. Chief Judge Garland was appointed to the U.S. Court of Appeals for the District of Columbia by President Clinton in 1997 and became Chief Judge on February 12, 2013. He received wide, bipartisan support for his nomination to the U.S. Court of Appeals. Seven of the Republican Senators who voted for his 1997 nomination still serve in the U.S.

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NLRB Attacks Dish Network’s Solicitation and Distribution Policy

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On March 3, 2016, in Dish Network, LLC, 363 NLRB No. 141, the National Labor Relations Board (“NLRB”) struck down Dish Network’s policy prohibiting certain solicitation and distribution of literature in the workplace.  The policy in question read:

In the interest of maintaining a  proper business environment and preventing interference with work and inconvenience to others, employees … may not distribute literature … of a personal nature by any means,

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Forrest R. Goodrum Joins Sperry Law Office

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Sperry Law Office, PLLC is pleased to announce that Forrest R. Goodrum has joined the firm “of counsel.” Forrest will be advising and assisting the firm in a wide range of matters from commercial transactions to complex business litigation.

Forrest attended the University of North Carolina (B.S. 1968) and Rutgers Law School (J.D. 1971). Forrest practiced in New Jersey for over 20 years, both in private practice and later as Vice-President and General Counsel of Lincoln Federal Savings.

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